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(영문) 부산지방법원 2019.01.16 2018고단3836

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 3, 2016, the Defendant made a false statement to the effect that “A female-friendly parent and her parents were pregnant and did not perform abortion,” and that “A female-friendly parent and her parents are required to pay in several months if he/she borrowed money under four names.”

However, in fact, the defendant did not have a female-friendly her pregnancy or abortion, and he thought that he borrowed money from the victim to use it as the Internet gambling fund, and there was no intention or ability to repay the borrowed money due to no special profit at the time.

As above, the Defendant, as well as by deceiving the victim and receiving KRW 9.5 million from the victim, on October 4, 2016, received a total of KRW 28,795,000,00 from around that time to January 1, 2017, as indicated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes regarding liquidity transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) and mitigation area (1-1 year) [Special Mitigation] [Pronouncement Decision] The sum of the acquired money in this case is not much than 29 million won in total, and the fact that the victim committed a crime against the victim by taking advantage of the circumstances that it is the same window, etc. are disadvantageous to the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant has no significant penalty power, and reflects his fault, and that the victim does not want the punishment of the defendant by mutual consent with the victim.

The above sentencing guidelines and guidelines.